The Court of Appeal upheld life imprisonment and 12 cane strokes for an Indonesian man convicted of trafficking 549.68g of methamphetamine.
PUTRAJAYA: The Court of Appeal today upheld the life imprisonment and 12 strokes of the cane imposed on an Indonesian man for trafficking 549.68 grammes of methamphetamine.
A three-member bench chaired by Justice Datuk Azizul Azmi Adnan unanimously dismissed Mohammad Zulfikar Supiyandi Kasmin’s appeal. The bench affirmed the High Court’s decision to convict and sentence him.
In delivering the decision, Justice Azizul said the defence’s claim of a discrepancy in the timeline was not raised during cross-examination. He noted that failure to challenge witnesses on key aspects is deemed acceptance of their testimony.
He also ruled that the investigating officer’s failure to verify certain circumstances did not undermine the prosecution’s case. Zulfikar, 26, had been sentenced by the Johor Bahru High Court on July 28, 2024.
He was found guilty of trafficking methamphetamine at a junction near Kampung Nelayan Air Masin, Kukup Laut, Johor, at about 7.30 pm on Dec 18, 2019. A police operations team from the Pontian District Police Headquarters conducted a raid in the area.
They spotted the accused behaving suspiciously while carrying a sling bag. A search uncovered a plastic packet wrapped in yellow packaging labelled “refined Chinese tea”, containing white crystalline substances believed to be drugs.
During the appeal, defence counsel Ho Zhi Qian argued there was a break in the chain of custody of the drug exhibits. He cited inconsistencies in records related to their handling.
However, Deputy Public Prosecutor Mohd Zain Ibrahim maintained that the chain of evidence remained intact from seizure to laboratory analysis. He added that the prosecution had proven the type and weight of the drugs through witness testimony and a chemist’s report.
This evidence went unchallenged by the defence. Zulfikar retains the option to file a final appeal at the Federal Court.
